Motorcycle accidents are sadly common in many U.S. states, including Florida. Suppose you are the victim of a motorcycle accident. In that case, the lawyers at Fasig | Brooks agree that you should file a personal injury claim.
This is because you can be compensated for your economic and non-economic damages, especially since motorcycle accident victims are far more likely to sustain more severe injuries than car accident victims. Here is what you should know about the types of motorcycle accident lawsuits that you can file.
Types of Motorcycle Crashes
Severe or fatal injuries can result from numerous types of motorcycle crashes, even if you wear protective gear. Some common types of motorcycle crashes include:
- Rear-end incidents
- Head-on crashes
- Side-impact or T-bone collisions
- Hit-and-run incidents
- Lane-splitting
These types of motorcycle collisions and others are usually caused by another party’s carelessness or recklessness driving. Motorcyclists are entitled to compensation through civil lawsuits or Florida’s no-fault insurance in these situations.
When it comes to determining fault, the state of Florida uses the pure comparative negligence rules. This means that drivers and bikers receive a settlement claim based on the amount of fault established by a jury or insurance adjuster.
For example, if your claim is worth $100,000, but you were found to be 30% at fault, you will only receive $70,000 in compensation. To determine fault, there are a series of legal elements that must be considered.
For example, you have to demonstrate that the other driver disobeyed road rules and caused the accident leading to your injuries. Because of this, hiring a motorcycle accident lawyer is crucial for your case.
Motorcycle Accident Lawsuits
When you hire a motorcycle accident attorney to file a personal injury lawsuit, they will take care of the paperwork, gather evidence and police reports, hire other experts to reconstruct the accident scene, and more while you recuperate.
Suppose you were the victim of a hit-and-run accident. In that case, your lawyer will work tirelessly to provide legal assistance, hire investigation teams to identify the at-fault driver, and help you request compensation or a claim for no-fault insurance benefits.
Some of the compensations you are entitled to as a motorcycle accident victim include lost wages, medical bills, pain and suffering, property damage, and more, depending on your injuries and how they affect you.
Unfortunately, Florida’s PIP (personal injury protection) coverage doesn’t apply to motorcycles, and bikers are left to deal with piling medical bills. However, motorcyclists can benefit greatly by pursuing a personal injury lawsuit or reaching a settlement agreement.
Even if motorcyclists weren’t wearing safety gear, they could still seek damages following an accident. Suppose a motorcycle accident victim died following their fatal injuries. In that case, their family can file a wrongful death claim to receive compensation.
Only the surviving spouse, parents, children, a representative of the deceased estate, or family member who received financial or emotional support from the victim can file a wrongful death claim.
This type of motorcycle accident lawsuit is no different than the others. The only difference is that the deceased’s family and a wrongful death lawyer must prove the other parties’ negligence. Dealing with your injuries and mounting medical bills or the death of a loved one in a motorcycle accident can be an extremely stressful situation. However, a personal injury attorney might be able to relieve you of some of that stress and help you receive the proper compensation for your losses.
